Civil penalties for child porn distribution bill heads to conference committee

Erin McCullough
·2 min read

NASHVILLE, Tenn. (WKRN) — A bill that would add civil penalties to violations of the state’s child pornography laws is headed for a conference committee after both chambers of the Tennessee General Assembly could not agree on language for the measure.

Brought in the House by Rep. Jody Barrett (R-Dickson), the bill would add a right of action in civil court to the already codified criminal consequences of producing, selling, sending or distributing obscene materials—specifically child pornography—in violation of state law.

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According to Barrett, the intent of the bill is to add another tool into the toolbox for the discouragement of the creation or spread of child pornography.

“My bill allows parents and any individual to sue someone who publishes material on a website to make them remove it,” he said during a February committee meeting. “Most of it is already illegal, but prosecutors can’t go after every offender.”

By having this law on the books, Barrett said everyday citizens can help law enforcement and parents get that material removed from the internet.

But the Senate added an amendment in the Judiciary Committee, changing the bill to only apply to those convicted of violating the obscenity law.

Nashville man arrested for having child porn on cellphone

That difference remains between the House and Senate versions.

Both chambers have stuck to their guns, with both chambers refusing to adopt the other’s version. The Senate “refused to recede” from its amended version Thursday, April 18. The House also “refused to recede” from its non-concurrence, sending the bill to a conference committee.

House Speaker Cameron Sexton (R-Crossville) appointed Reps. Barrett, Chris Todd (R-Madison County), Kip Capley (R-Summertown), Clay Doggett (R-Pulaski) and Bob Freeman (D-Nashville) as the committee members from that chamber.

Lt. Gov. Randy McNally had not announced his picks for committee as of 4 p.m. Thursday.

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The measure is one of three that have been sent to conference committee this legislative session. Lawmakers also sent a bill on prohibiting coercion for child vaccinations and the state’s large franchise and excise tax cut bill to conference committee after the chambers could not agree on which version to adopt.

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